Possession or Sale of Oxycontin (Oxycodone) Without a Prescription

OxyContin is a prescription painkiller, used for the treatment of orthopedic, neurological, and cancer pain. It’s also a commonly abused drug, and possessing or distributing it without a valid prescription is a crime.

According to the federal Drug Enforcement Administration, the number of prescriptions for OxyContin rapidly rose after its introduction in 1996. So did the deaths attributed to its use and the number of patients admitted to drug treatment programs who identified OxyContin as their primary drug of abuse. There were 11,000 OxyContin-related overdose deaths in the United States in 2007, triple the number in 2000, according to the U.S. Centers for Disease Control and Prevention.

Regulation of OxyContin

Because OxyContin has a high potential for abuse and addiction, it is classified as a Schedule II controlled substance under the federal Controlled Substances Act. Its manufacture, importation, and distribution are subject to heavy regulation by the Drug Enforcement Administration.

OxyContin is an opiate, very concentrated and potentially very addictive. Its street names include Oxy, hillbilly heroin, and cotton. Like the other prescription medications with the brand names Percocet, Percodan, Endocet, Tylox, Roxicet, Endodan, and Roxiprin, the active ingredient in OxyContin is oxycodone. OxyContin is dispensed as a time-release tablet, but crushing or breaking the tablets lets abusers absorb a concentrated dose of oxycodone quickly. That can lead to a heroin-like high—or to a fatal overdose.

Possession of OxyContin

It is illegal to knowingly possess OxyContin unless it was prescribed by a physician. Simply having a small amount of OxyContin in one’s possession, without intending to sell it, is a misdemeanor under the laws of most states. Misdemeanors are generally punished by up to a year in jail and a fine, the amount of which can vary from several hundred to several thousand dollars.

Some courts, however, offer drug diversion programs for people who have no criminal history and want to undergo treatment for their addiction. Someone who successfully completes a diversion program may not have to admit guilt and may avoid a criminal record.

Someone who has a prior conviction for possession, however, may be charged with a felony, a more serious crime. Felonies are generally punishable by more than a year in prison and large fines.

Sale, Delivery, or Manufacture of OxyContin

It is a crime to knowingly sell, deliver, or manufacture OxyContin or to possess it with intent to sell, deliver, or manufacture it. This crime is a felony, and someone who is convicted of this offense may be sentenced to years in prison and a fine of tens of thousands (or even hundreds of thousands) of dollars. Every state sets its own penalties for this crime.

As with any conviction, the circumstances surrounding the crime will have a big effect on the sentence that is handed down for a conviction. If you have been convicted of drug charges before, you possessed a large amount of OxyContin pills, or you involved someone under age 18, the penalty will be stiffer. If you also forged a doctor’s prescription to obtain the drug, you will also likely face forgery or fraud charges.

The Importance of Legal Advice If You’re Charged

If you are charged with possession, manufacture, or sale of OxyContin (or other oxycodone-based prescription medication), consult an experienced local criminal law attorney. You need advice from someone who is familiar with how this kind of drug case is handled where you live.